Jubilant Elaine Card won a court battle to prove she did not upset her neighbour by playing loud music.

She pointed out to a judge: "I was not even in the flat - the music was played by my partner when I was out."

Miss Card, 23, and 39-year-old boyfriend John Whalley, of Langham Crescent, Billericay, were each fined £150 for offences under the noise abatement laws by Basildon magistrates.

She contested the ruling on appeal at Basildon Crown Court where the conviction and sentence were quashed.

Recorder Rosamunde Horwood-Smart, QC, sitting with two JPs, told Miss Card: "The appeal will be allowed because of insufficient evidence."

Miss Card, who has a 13-month-old daughter by Mr Whalley, conducted her own defence in the case brought by Basildon Council, which owns the property.

The council stressed that as the couple's upstairs flat was in joint names, both were responsible for nuisance caused by "loud, thumping music."

Council environment officers were called to the premises on several occasions by downstairs neighbour Judith Robinson.

They reported that the music - sometimes played at 2am - caused ornaments in Mrs Robinson's flat to jump with the vibrations.

Conversation was "drowned out" by the din, it was impossible to hear the television and sleep was prevented.

However, Miss Card told the court: "I was never in the flat on the nights music was played loudly. I used to visit my mother's home with the baby.

"If the music became loud when I was at home, I turned it down."

After the case, the couple claimed the music could be heard because the walls of the property were exceptionally thin.

They said they often heard Mrs Robinson's movements and her TV.

Miss Card added: "I am delighted with the court's decision to clear my name."

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